James Castillo v. HHS - Hepatitis B, transverse myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
James Castillo filed a petition on May 4, 2012, alleging that Hepatitis B vaccinations he received on May 11, 2009 and June 11, 2009 caused him to develop transverse myelitis (TM), with residual effects lasting more than six months. Respondent denied that the Hepatitis B vaccines caused petitioner's TM or any other injury.
Nonetheless, both parties agreed in a joint stipulation filed July 23, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received: a lump sum of $353,766.03, representing compensation for first-year life care expenses ($18,834.82), lost earnings ($141,243.21), pain and suffering ($175,000.00), and past unreimbursable expenses ($18,688.00); and an amount sufficient to purchase an annuity contract providing future care payments. On January 9, 2015, the parties filed a stipulation for attorneys' fees and costs.
After petitioner's initial application was negotiated and reduced following respondent's objections, Special Master Moran awarded $53,308.14, payable jointly to petitioner and his counsel, Monika A. Hartl of Worker's Compensation Law Offices of Milwaukee SC.
Petitioner had not personally incurred any out-of-pocket litigation costs.
Theory of causation
Hep B May 11, 2009 + Jun 11, 2009 → TM (Table vaccine). Joint stipulation Jul 23, 2014; respondent denied causation; SM Moran. $353,766.03 lump (year-1 life care $18,834.82 + lost earnings $141,243.21 + P&S $175,000 + past unreimbursable $18,688) + annuity. Fees $53,308.14 (Hartl, Worker's Comp Law Offices of Milwaukee).
Source PDFs
USCOURTS-cofc-1_12-vv-00283